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Khan v. Holder

United States Court of Appeals, Fourth Circuit
Apr 29, 2011
431 F. App'x 236 (4th Cir. 2011)

Opinion

No. 10-2269.

Submitted: April 20, 2011.

Decided: April 29, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals.

Mazhar Khan, Petitioner Pro Se. Paul Thomas Cygnarowicz, Daniel Eric Goldman, Senior Litigation Counsel, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Before GREGORY, DUNCAN, and KEENAN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Mazhar Khan, a native and citizen of Pakistan, petitions for review of an order of the Board of Immigration Appeals ("Board") denying his motion to reconsider. We have reviewed the administrative record and the Board's order and find that the Board did not abuse its discretion in denying the motion to reconsider as untimely. See 8 C.F.R. § 1003.2(b)(2) (2010). We therefore deny the petition for review for the reasons stated by the Board. See In re: Khan (B.I.A. Oct. 15, 2010). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

We have limited our review to the Board's denial of Khan's motion to reconsider. Although Khan raises issues in his informal brief pertaining to the Board's December 10, 2009 decision, which upheld the immigration judge's denial of Khan's motion to reopen, we lack jurisdiction over these claims as Khan did not file a timely petition for review of that decision. See Stone v. IMS, 514 U.S. 386, 394, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995).

PETITION DENIED.


Summaries of

Khan v. Holder

United States Court of Appeals, Fourth Circuit
Apr 29, 2011
431 F. App'x 236 (4th Cir. 2011)
Case details for

Khan v. Holder

Case Details

Full title:Mazhar KHAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General…

Court:United States Court of Appeals, Fourth Circuit

Date published: Apr 29, 2011

Citations

431 F. App'x 236 (4th Cir. 2011)